[Annex 1]
summary of draft german armistice
Preamble
German acknowledgment of total defeat and unconditional request for
suspension of hostilities. Injunction to German people to preserve
order and continue their normal life.
Section I
Cessation of Hostilities
Hostilities to cease in all theatres of war. German forces to stay
where they are pending future instructions and to surrender their
arms, &c. Where no United Nations forces are present, the local
German commander will store arms &c., and be responsible for
their eventual surrender.
German warships to be assembled in specified ports and surrendered or
dealt with as directed. No transfer to other flags. No scuttling.
Minesweepers to continue their operations.
German aircraft not to leave the ground except as directed, and to he
surrendered or dealt with as directed. No transfer to other
countries.
Full information to be given as to location, &c., of German
forces, defences, communication systems, minefield and obstacles to
movement, &c. German labour and materials to be supplied as
required for the removal of obstacles.
No broadcasting except as directed. No jamming.
Section II
Evacuation of Territory by German Forces
Withdrawal from all territories outside Germany’s 1937 frontiers and
any specified areas within those frontiers of German forces and
officials: the latter, however, to continue their functions until
instructed to withdraw. German civilian inhabitants of such
territories to be evacuated if so directed.
Complete cessation in such territories of deportation, forced labour,
requisitioning, damage or removal of property, &c.
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Section III
Stationing of United Nations Forces in
Germany
United Nations may station forces or agencies anywhere in Germany.
Germans to take any necessary steps for the security of United
Nations forces and agencies and their communications. Germans to
assist any advance parties sent into Germany and to comply with
directions for regulating movements of population and controlling
travel.
United Nations to enjoy all rights of an occupying Power throughout
Germany. German public services to continue to function under United
Nations control unless otherwise directed.
United Nations to have complete freedom of passage and unrestricted
use of all facilities. Germans to supply any labour, equipment,
&c., required.
United Nations may control and use press, broadcasting and public
performances and establish censorship.
Section IV
Demobilisation, Demilitarisation, Disarmament
and Surrender of War Material
German armed forces to be progressively demobilised and totally
disbanded, except as permitted for police purposes under United
Nations control. Complete prohibition of all forms of military
training.
All war material, complete or incomplete, to be surrendered,
destroyed or dealt with as directed. Prohibition on manufacture of,
or traffic in, war material and of research, &c., relative to
war. Destruction, dismantling or conversion of plants, &c.,
producing war material or utilised for war research. Bases,
fortifications, &c., to be surrendered, destroyed or dealt with
as directed. Construction of new defences prohibited. Germans to
give all information required for above purposes and to afford
access at any time to factories, establishments, &c.
Germans to carry out such further measures of demobilisation,
demilitarisation or disarmament as may be prescribed.
Section V
Treatment of Forces, War Material, Shipping and
Property of Germany’s Allies
Forces, ships, aircraft, &c., of Germany’s Allies to remain
liable to attack or seizure in German territory. Germans to supply
information about such Allies. Warships and merchant ships to be
prevented from leaving Germany. Military and civilian personnel to
be interned. Public and private property to be impounded pending
instructions. Germans to comply with instructions as to disposal of
the above.
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Section VI
Shipping, Inland Transport and
Telecommunications
No merchant ships to put to sea from German ports without United
Nations permission.
All German merchant shipping, with crews if required, to be made
available to United Nations and used as prescribed. No transfer to
foreign flags. Crews to remain on board pending instructions.
Options to reacquire vessels to be exercised as directed.
United Nations merchant ships to be restored. Neutral ships under
German control to be transferred to United Nations. Cargoes to be
disposed of as directed. Wrecked or sunk vessels to be destroyed,
salvaged, or raised as instructed. United Nations to control and
have unrestricted use of (i) all matters affecting shipping,
including building and repair industries; (ii) inland transport
system (including air) and connected facilities; (iii)
telecommunication system and connected facilities.
German rights in telecommunication systems anywhere to be transferred
to United Nations as directed. German rights in international
transport bodies or telecommunication organs to be exercised as
directed.
Section VII
Restitution, Reparation, Occupation Currencies,
Cost of Occupation and Relief
Pending final arrangements, Germans to carry out restitution,
reparation, relief and reconstruction as prescribed, and to
surrender or transfer property, effect deliveries, carry out repair
and construction work, and provide transport, materials, labour and
services for use in or outside Germany as directed. United Nations
property to be safeguarded pending return. Full information and
facilities to be given for tracing property to be restored or
surrendered.
Germans to supply free of cost German currency required by the United
Nations, and to redeem and hand over currencies issued by United
Nations during occupation.
Germans to pay costs of occupation, administering the Armistice and
relief, as directed.
Section VIII
Control of German Economy and Assets
United Nations to have right to exercise control over German finance,
agriculture, production, industry, trade and economy generally, and
to use plant, products, stocks, &c., for the conduct of the
war.
German State and municipal property, and all private German property
outside Germany, not to be disposed of without United
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Nations sanction, and the
latter to be handed over if required. Property inside Germany not to
be transferred to persons elsewhere. Normal internal payments
allowed.
All gold and silver in or owned by Germany to be held at the disposal
of United Nations.
Section IX
Control of German Relations with other
Countries
Germans to comply with directions issued in all matters affecting
Germany’s foreign policy and relations with other countries. No
undertaking or commitment to be entered into without United Nations
sanction. Pending final arrangements, treaties to be abrogated,
brought into force or applied as directed. Germany to become party
to specified treaties as directed.
No trade or dealings with the enemies of the United Nations. Rupture
of diplomatic and consular relations with such countries, whose
diplomatic and other officials in Germany will be dealt with as
prescribed. United Nations to control diplomatic relations with
neutral countries.
Germans not to leave Germany without permission and to be re-called
from other enemy countries as directed. Germany to receive back any
persons designated by United Nations.
Section X
United Nations Prisoners of War and Internees,
Political Prisoners, Foreign Nationals and Foreign Property
Prisoners of war and interned civilians with their property to be
released and dealt with as directed. Command of camps to be handed
over to local representatives of prisoners. Germans to maintain
essential services. Germans not to remove prisoners from camps.
Political prisoners, including German sympathisers with United
Nations, and persons detained on account of race, language, religion
or political opinions, to be released and relieved from
disabilities.
Full facilities for release and subsequent movements of
prisoners.
No person to be prosecuted or molested on account of sympathies with
the United Nations.
Foreign workers and their property to be repatriated as directed.
Lists of names and full information to be supplied.
Section XI
War Criminals and Quislings and Other
Traitors
Hitler, his chief associates, war criminals, Quislings58 and traitors,
whose names appear on lists to be furnished, to be surrendered to
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the United Nations.
United Nations may arrest such persons, and Germans to facilitate
such action.
Germans to furnish information and produce witnesses required for the
trial of the above. Property of such persons to be impounded or
surrendered as directed.
Section XII
Suppression of Nazi Organisations and
Legislation: Control of German Law and Administration
All Nazi organisations to be disbanded except as specified. Nazi
institutions to be abolished, personnel dismissed and interned,
property controlled or seized, and Nazi ideology and teaching
suppressed, as directed. German laws discriminating on grounds of
race, language, religion or political opinions to be rescinded and
legal disabilities cancelled. Nazi legislation to be repealed, and
German law and legal system reformed, as directed.
Section XIII
Information and Inspection
Germans to furnish all information required. No suppression, &c.,
of information or documents, and United Nations to have right of
entry to obtain them. Germans to give any necessary assistance.
United Nations may enter and inspect any building or place for the
purposes of the Armistice.
Section XIV
General
United Nations may exercise all or any of the powers of the German
Government, the German Supreme Command and any local government or
authority.
Germans to maintain national life, economy and administration. Police
to continue its functions.
German authorities and people to abstain from all action injurious to
the United Nations, to the maintenance of public order or the
security of the occupying forces.
No concealment, destruction or damage of warships, aircraft, war
material, facilities, plant, stocks, &c. German authorities to
be responsible for safeguarding the above and handing them over in
good condition.
United Nations may exercise their powers either direct or by the
issue of instructions to the Germans.
German authorities to take all executive, legislative and judicial
measures necessary for the execution of the Armistice, and to comply
with all directions given for this purpose.
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United Nations may take all necessary steps, including conservatory
or preventive measures, to secure the execution of the Armistice.
Persons evading or obstructing such execution may be tried by United
Nations courts.
The rights and powers of the United Nations under the Armistice may
be exercised by United Nations Commanders-in-Chief, or any other
authorities designated for the purpose.
These authorities may issue instructions as to the matters covered by
the Armistice, and the manner in which it is to be carried out and
interpreted. Germans to comply fully with all instructions of these
authorities, who will determine finally any disagreement regarding
the interpretation or application of the Armistice.
Section XV
Definitions
Definitions of Germany, German armed forces, war material and other
technical terms, &c., to be laid down by the United Nations.
Section XVI
Final Clauses
Armistice to be confirmed by the German Government and to come into
force . . . . . hours after receipt of such confirmation, when
hostilities will cease. Armistice to remain in operation until
superseded by a Peace Treaty or other arrangements.
If German obligations under the Armistice are not fulfilled, it may
be denounced, or the United Nations may take appropriate punitive
measures.
[Annex 2]
draft german armistice
Whereas the German Government and the
German Supreme Command acknowledge that the German armed forces have
been totally defeated and that Germany can no longer carry on
against the United Nations the war begun by Germany’s unprovoked
aggression;
And whereas the German Government and the
German Supreme Command have accordingly unconditionally requested a
suspension of hostilities;
And whereas the United Nations are willing
to lay down the conditions on which they are prepared to suspend
hostilities against Germany, and hereby require the German people to
preserve law and order and go about their normal occupations so far
as these are consistent with those conditions;
The following terms have been presented by
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on behalf of the United Nations, duly
authorised to that effect;
And have been accepted by
representing the Supreme Command of the German armed
forces, and duly authorised to that effect by the German
Government:—
Section I
Cessation of Hostilities and Immediately
Related Matters
1. On the entry into force of the present Instrument, hostilities
shall cease in all theatres of war between all forces under German
command (which expression throughout this Section and Section II
includes any foreign contingents, warships or aircraft serving in or
with the German armed forces or under German control) and the forces
of the United Nations.
2.—(a) Except as may be otherwise directed by
the United Nations, the personnel of all forces under German
command, wherever they may be situated, will remain in their
existing positions until further instructions.
(b) Demobilisation will take place only at
such times and in such manner as the United Nations may direct.
3.—(a) All forces under German command,
whether inside or outside the German frontiers, will surrender all
their arms, ammunition, weapons of war and other war material to the
local United Nations Command, in accordance with arrangements to be
made on the spot.
(b) In any area in which United Nations forces
are not present, and pending arrangements to be made under the
preceding paragraph or under Article 18(a)
below, the arms, ammunition, weapons of war and other war material
of the forces under German command (other than such weapons and
material as may be authorised for police or guard purposes in
accordance with arrangements to be made by the United Nations) will
be placed in depots under the instructions and supervision of the
local German Commander, who will be held responsible for their
eventual surrender.
4.—(a) German warships and naval, military or
air force vessels of all descriptions, completed or under
construction (including minesweepers, auxiliaries, transports,
tenders, launches and landing craft), and any foreign vessels
serving in or with the German forces or under German control, will
remain or be assembled as directed in ports to be specified by the
United Nations, and will be surrendered and delivered, employed
(with or without their crews) or otherwise dealt with as the United
Nations may prescribe. In particular, all minesweepers will be
placed at the disposal of the United Nations with their crews, and
pending further instructions will continue to sweep the existing
navigational channels.
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(b) Any of the said warships and vessels which
are at sea or in non-German ports or waters will forthwith be
recalled or ordered to proceed to or remain in such ports as the
United Nations may prescribe, and will be dealt with as provided in
paragraph (a).
(c) Without prejudice to the provisions of
Article 61(a), scuttling is formally
prohibited.
(d) There shall be no transfer to any other
flag, service or control of any kind, except as may be directed by
the United Nations.
5.—(a) No German aircraft of any kind,
military or civil, and no foreign aircraft in German service, will
leave the ground or water or ships except as may be directed by the
United Nations. All such aircraft will be collected and will be
surrendered and delivered, employed or otherwise dealt with as the
United Nations may prescribe.
(b) All such aircraft in or over non-German
territory, ports or waters, or over the sea, will forthwith be
recalled and dealt with as provided in paragraph (a).
(c) There shall be no transfer to any other
nationality, service or control of any kind, except as may be
directed by the United Nations.
6.—(a) Without prejudice to the provisions of
Section IV below, the German authorities will forthwith furnish full
information on the following matters, whether these are under the
control of the military or the civil authorities: (i) the location,
disposition and condition of all land, sea and air forces under
German command, wherever situated; (ii) all German naval, military,
air and air defence devices, posts and installations, wherever
situated; (iii) all transport and inter-communication systems
established by Germany on German or other territory or in the
approaches thereto; (iv) all minefields or other obstacles to
movement by land, water or air established anywhere by Germany; (v)
all such other particulars as the United Nations may require in
connexion with the movements, security or welfare of the United
Nations land, sea or air forces.
(b) German military and civilian personnel,
materials and equipment will be made available as required by the
United Nations for the removal of obstacles and for the other
purposes above mentioned.
(c) All minefields and other dangerous
obstacles will, so far as possible, at once be rendered safe.
7. The use of wireless, telephone, telegraph or other forms of
intercommunication by or on behalf of units of the forces under
German command is prohibited, except as may be sanctioned by the
United Nations.
8. No broadcasting stations or wireless transmitters in Germany shall
be operated otherwise than by, or with the express permission of,
the United Nations and under such supervision and control as they
may think fit to impose. The use of any apparatus in Germany for
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the “jamming” of broadcast
or other wireless transmissions is prohibited.
Section II
Evacuation of Territory by the German Armed
Forces, Officials and Civilian Population
9.—(a) With such exceptions as the United
Nations may direct, all forces under German command will withdraw
from all territories outside the frontiers of Germany as they
existed on the 31st December, 1937, and from any areas within those
frontiers indicated at any time by the United Nations.
(b) German authorities and officials in these
territories or areas will comply with such instructions as to
withdrawing therefrom as they may receive from the United Nations.
Pending such instructions, they will continue their functions under
the direction of the United Nations until otherwise ordered.
(c) In the event of the United Nations
requiring the evacuation of all or any part of the German civilian
inhabitants of the territories or areas concerned, the German
authorities will issue the necessary instructions, and will make the
necessary arrangements for the evacuation, reception and maintenance
of such persons as may be specified.
(d) Withdrawals and evacuations under
paragraphs (a), (b)
and (c) above will take place at such times
and under such conditions as the United Nations may direct.
(e) Any German sick or wounded who cannot be
moved from territories or areas to be evacuated will be cared for by
German personnel to be left on the spot together with all necessary
medical and other supplies.
10. In the territories and areas referred to in Article 9 there shall
immediately be, on the part of all forces under German command and
German authorities and civilians, a complete cessation of all
measures of coercion, deportation or forced labour, and all measures
involving injury to life or limb. There shall similarly cease all
measures of requisitioning, seizure, removal, concealment and
destruction of property. In particular, the withdrawals and
evacuation mentioned in Article 9 will be carried out without damage
to or removal of persons or property (other than the removal of such
personal property and effects as the United Nations may permit to be
taken) and without harm to the local population.
Section III
Stationing of United Nations Forces in Germany
and Certain Matters Connected Therewith
11.—(a) The United Nations will have the right
to station their forces and agencies anywhere in Germany.
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(b) The German authorities will take all such
measures as are necessary, or as may be directed, in the interests
of the security of the forces and agencies of the United Nations and
the safety, freedom and unimpeded use of their communications and
means of transport.
12. The United Nations will have the right to send advance parties
into Germany to secure their lines of communication, to make
arrangements for the entry of their forces and agencies and for the
safety, welfare and evacuation of United Nations prisoners of war
and internees, and for any other purposes which they may think
necessary. The German authorities will afford all facilities to such
parties and take all the measures requisite for their maintenance,
security and movement, and will carry out such instructions as the
commanders of these parties may give.
13. The German authorities will comply with all such directions as
the United Nations may give for the regulation of movements of
population and for controlling travel or removal on the part of
persons in Germany.
14. Without prejudice to the other provisions of the present
Instrument:—
- (a)
- the United Nations will enjoy all the rights of an
occupying Power throughout Germany;
- (b)
- the German administrative, judicial and public services
will continue to carry out their functions under the control
of the United Nations, unless and until otherwise
directed.
15. Without prejudice to the other provisions of the present
Instrument, the United Nations will have the following rights in and
over all German territory, and the adjacent waters and air space:—
- (a)
- Complete freedom of movement and navigation for their
personnel, military and civilian, and for their ships,
aircraft, transport, supplies and material of all kinds, and
all necessary facilities in connexion therewith:
- (b)
- Unrestricted use of all such utilities, facilities,
installations and resources generally as may be required for
the maintenance, movements, operations and security of the
forces and agencies of the United Nations. The German
authorities will maintain all such utilities, facilities,
installations and resources in good order and repair, and
will furnish the labour, personnel, specialist services,
plant, equipment and resources necessary for working or
maintaining them, or for such other purposes connected with
them as the United Nations may specify:
- (c)
- The right to make such use of the press and publications
generally, of broadcasting and of public performances of all
kinds, and to establish such control and censorship of these
and of all forms of publicity and inter-communication
(including the right to control or take over buildings and
installations), as the United Nations may see fit.
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Section IV
Demobilisation, Demilitarisation, Disarmament,
and Surrender of War Material
16.—(a) With the exception of such
establishments as are authorised by the United Nations for police,
guard and other special purposes, the German armed forces will be
progressively demobilised, and totally disbanded, in accordance with
instructions to be issued by the United Nations; pending which, and
save as may be provided in such instructions, the provisions of
Article 2 will continue to apply.
(b) The organisation and control of the
establishments authorised for the purposes mentioned in paragraph
(a) will be subject to the directions of
the United Nations, and the German authorities will comply with all
instructions given for this purpose.
17. There shall be a complete cessation and prohibition of all forms
of military training and activities of whatever nature, including
pre- or para-military training in youth organisations, political
groups or other associations of any kind.
18.—(a) All war material, including
unserviceable material and scrap, in so far as not previously
surrendered under Section I of the present Instrument, or authorised
by the United Nations for police, guard or other special purposes,
will be held and maintained by the German authorities at the
disposal of the United Nations, and will be surrendered, delivered,
destroyed or otherwise dealt with, as may be directed.
(b) The provisions of paragraph (a) will apply in the same manner to all war
material and instruments and devices for use in the conduct of
warfare which are in process of research, experiment, development,
design, manufacture or assembly.
19.—(a) The manufacture, production and
construction and the acquisition from outside Germany of war
material and of such other products used in connexion with such
manufacture, production or construction as the United Nations may
specify, and the import, export and transit thereof, are prohibited,
except as directed by the United Nations.
(b) There shall likewise be immediate
cessation of all research, experiment, development and design
relative to war or the production of war material, whether in
government or private establishments, factories, technological
institutions or elsewhere.
(c) The German authorities will comply with
any instructions which may be given by the United Nations for the
destruction, dismantling, conversion or utilisation, as may be
specified: (i) of factories, plants and establishments
manufacturing, producing or constructing war material or such other
products as the United Nations may specify; (ii) of stations,
establishments, plant, equipment or
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installations, utilised for research,
development or design relative to war or the production of war
material.
20.—(a) All military, naval and air bases,
stations, establishments, installations and equipment, and all
fortifications and other defence installations, wherever situated,
will be held and maintained by the German authorities at the
disposal of the United Nations, and will be surrendered, destroyed
or dismantled or otherwise dealt with, as the United Nations may
direct.
(b) The construction, setting up or laying out
of any new defence installations or any remodelling, renovation or
extension of existing ones is prohibited, except as directed by the
United Nations.
21. The German authorities will:—
- (a)
- furnish full and detailed information concerning (i) all
categories of war material, wherever situated, showing the
nature, quantities and location of the same; (ii) the
nature, location and output of all factories, plants,
establishments, equipment and installations referred to in
Article 19 (c), together with such
other particulars regarding their operations, methods of
manufacture and processes of research, experiment,
development or design as the United Nations may require;
(iii) all war material and such other products as the United
Nations may specify, in the stage of research, experiment,
development or design; (iv) all military, naval and air
bases, stations, establishments, installations and
equipment, and all fortifications and other defence
installations, wherever situated, showing their nature,
location and the details of their construction and
employment;
- (b)
- afford the representatives of the United Nations
unrestricted access at all times to the said factories,
stations, buildings, establishments, plant, installations,
property and areas, together with their records, equipment
and other contents.
22. The German authorities will comply with and carry out all such
further measures of or relative to demobilisation, demilitarisation
or disarmament as may be prescribed by the United Nations during the
period of the present Instrument.
Section V
Treatment of the Forces, Personnel, War
Material, Shipping and other Transport and Property generally of
other Enemy States and Nationals in Germany
23.—(a) Subject to those provisions of Section
I of the present Instrument which affect foreign contingents, ships
and aircraft under German command or control or in German service,
the military, naval and air forces and material, and the ships,
aircraft and transport of any country against which any of the
United Nations is carrying on hostilities remain liable to attack or
seizure wherever found in or over German territory or waters.
(b) The German authorities will place at the
disposal of the United Nations all the documents, information and
material in German possession
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which the United Nations may require in
connexion with the conduct of hostilities against any such
country.
24. Without prejudice to the provisions of Sections I and VI relative
to the surrender or disposal of foreign material or personnel under
German command or control or in German service:—
- (a)
- the warships, auxiliaries, transports, merchant ships and
fishing and other craft of any country referred to in
Article 23 which are in German ports or waters, and the
aircraft and transport of such countries in or over German
territory, will, pending further instructions, be prevented
from leaving Germany;
- (b)
- the military, naval and air personnel and the civilian
nationals of any such country will be prevented from leaving
Germany and will be interned and maintained pending further
instructions;
- (c)
- all property, assets, rights, titles and interests in
Germany held for or belonging to any such country or to any
country (other than Germany), which has, at any time since
the 1st September, 1939, been at war with any of the United
Nations, or held for or belonging to the nationals of any of
these countries or any persons resident or carrying on
business therein, will be impounded or taken over, and will
be preserved pending further instructions;
- (d)
- the German authorities will take all necessary steps to
ensure the execution of the provisions of paragraphs (a) to (c);
will comply with any instructions given by the United
Nations concerning the surrender, internment, custody,
disposal, utilisation or employment of any of the
above-mentioned persons, vessels, aircraft, material or
property; and will afford all information and facilities
required for tracing the same.
Section VI
Shipping, Inland Transport and
Telecommunications
25.—(a) No merchant ship (including fishing
and other craft), of whatever nationality, shall put to sea from any
German port except as may be sanctioned or directed by the United
Nations. German ships in ports outside Germany shall remain in port
and those at sea shall proceed to the nearest German or United
Nations port and there remain, pending instructions from the United
Nations.
(b) All German merchant shipping or foreign
merchant shipping in German service or under German control
(including fishing and other craft), wherever they may be, and any
constructed or completed during the period of the present
Instrument, will be made available in good repair and seaworthy
condition by the competent German authorities at such places, for
such purposes and periods, and for use on such terms, as the United
Nations may prescribe.
(c) All transfer to any other flag, service or
control is prohibited, except as may be directed by the United
Nations.
(d) Crews will remain on board and be
maintained by the German authorities, pending further instructions
regarding their continued employment or disposal.
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(e) Any existing options to repurchase or
reacquire or to resume control of vessels sold or otherwise
transferred or chartered by Germany during the war shall be
exercised as directed by the United Nations, and paragraphs (a) to (d) shall apply
to all such vessels and their crews.
26.—(a) United Nations merchant ships
(including fishing and other craft) in German hands, wherever they
may be (and also for this purpose those of any country which has
broken off diplomatic relations with Germany), whether or not the
title has been transferred as the result of prize court proceedings
or otherwise, will be surrendered to the United Nations in good
repair and seaworthy condition in ports to be specified by the
United Nations, for disposal as directed by them.
(b) The German authorities will take all such
steps as may be requisite to effect or procure transfers of title to
the above vessels and to secure the discontinuance of any arrests of
or proceedings against them in neutral ports.
27. The German authorities will transfer or cause to be transferred
to the United Nations, as may be prescribed, all rights relative to
any neutral merchant ships, fishing or other craft under German
charter, requisition, operation or control.
28. The German authorities will comply forthwith with all
instructions which may be given by the United Nations for the
disposal of cargoes on board any of the classes of vessels mentioned
in Articles 25–27.
29. The German authorities will comply with any instructions given by
the United Nations for the destruction, dispersal, salvaging,
reclamation or raising of wrecked, stranded, derelict or sunken
vessels, wherever they may be situated. Any such vessel salvaged,
reclaimed or raised shall be dealt with under the appropriate
provisions of the present Instrument according to its national
status.
30.—(a) The United Nations will have the right
to exercise complete control over all matters affecting shipping,
including control over, and the right to make unrestricted use of
the German merchant shipping (including fishing) and shipbuilding
and repair industries and of all matters and facilities directly or
indirectly relative or ancillary thereto, or necessary to or
connected with their operation for such purposes (whether inside or
outside Germany) as the United Nations may decide. These matters and
facilities, and the requirements of the United Nations in connexion
with them, including the provision of the necessary labour and
specialist services, will be specified in notifications or
instructions to be from time to time communicated to the German
authorities.
(b) The United Nations will, in the same
manner, have the right to complete control and unrestricted use for
all purposes of the whole
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of the German inland transport system (road, rail, air and
waterways) and of all connected material, plant and equipment, and
all repair, construction, labour, servicing and running facilities,
in accordance with the notifications or instructions issued by the
United Nations.
(c) The rights of the United Nations under
paragraphs (a) and (b)
may also be exercised by any such international organisations or
agencies as they may specify.
31.—(a) The German authorities will transfer
or cause to be transferred to the United Nations all such property,
assets, rights, titles, interests and privileges in
telecommunication systems and facilities, wherever situated, as the
United Nations may direct.
(b) The United Nations will have the right to
complete control and unrestricted use of all such systems and
facilities and connected matters, in the manner and on the terms set
out in Article 30.
32. All German rights in international shipping or other transport
bodies or organisations or telecommunication organs, and in relation
to the use of transport and the movement of traffic in other
countries, and the use in Germany of the transport of other
countries, will be exercised in accordance with the directions of
the United Nations.
Section VII
Restitution, Reparation, Occupation Currencies,
Costs of Occupation and Relief
33.—(a) Pending and in preparation for such
arrangements as may be made in any eventual Treaty of Peace or
otherwise, the German authorities will carry out, for the benefit of
the United Nations such measures of restitution, reinstatement,
restoration, reparation, reconstruction, relief and rehabilitation
during the period of the present Instrument as the United Nations
may prescribe. For these purposes the German authorities will effect
or procure the surrender or transfer of such property, assets,
rights, titles and interests, effect such deliveries and carry out
such repair, building and construction work, whether in Germany or
elsewhere, and will provide such transport, plant, equipment and
materials of all kinds, labour, personnel, and specialist and other
services, for use in Germany or elsewhere, as the United Nations may
direct.
(b) The German authorities will also comply
with all such directions as the United Nations may give relating to
property, assets, rights, titles and interests in Germany belonging
or having at any time since the 1st January, 1935, belonged to any
of the United Nations or their nationals. The German authorities
will be responsible for safeguarding all such property, assets,
rights, titles and interests, and will for this purpose continue to
administer the same pending directions from the United Nations.
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(c) For the purposes of the preceding
paragraph the German authorities will afford all information and
facilities required for tracing any property, assets, rights, titles
or interests.
34. The German authorities will supply free of cost such German
currency as the United Nations may require, and will withdraw and
redeem in German currency, within such time-limits and on such terms
as the United Nations may specify, all holdings in German territory
of currencies issued by the United Nations during military
operations or occupation, and will hand over the currencies so
withdrawn free of cost to the United Nations.
35. The German authorities will comply with all such directions as
may be issued by the United Nations for defraying the costs of the
provisioning, maintenance, pay, accommodation and transport of the
forces and agencies of the United Nations in Germany, the costs of
executing the present Instrument, and payment for any relief in
whatever form it may be provided by the United Nations.
Section VIII
Control of German Economy and Assets
36.—(a) The United Nations will have the right
to exercise such control as they think necessary over all or any
part or aspect of German finance, agriculture (including forestry),
production and mining, industry, trade, distribution and economy
generally, internal and external, and over all related or ancillary
matters, including the right to direct or prohibit the manufacture,
production, construction, treatment, use and disposal of any
buildings, establishments, installations, public or private works,
plant, equipment, products, materials, stocks or resources. Detailed
statements of the subjects to which the present provision applies,
together with the requirements of the United Nations in regard
thereto, will from time to time be communicated to the German
authorities.
(b) The foregoing paragraph shall include the
right to take and make unrestricted use (whether inside or outside
Germany) of any articles covered thereby which the United Nations
may require in connexion with the conduct of hostilities against any
country with which any of them is at war.
37.—(a) The property, assets, rights, titles
and interests (whether situated inside or outside Germany) of the
German State, its political subdivisions, the German Central Bank,
State or semi-State or municipal or local authorities or Nazi
organisations, and those situated outside Germany of any person
resident or carrying on business in Germany, will not be disposed of
in any way whatever without the sanction of the United Nations.
(b) The German authorities will furnish full
information about the property referred to in paragraph (a) and will comply with such
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directions as the United Nations may
give as to its transfer and disposal; and (without prejudice to any
further demands which may be made in this connexion) will deliver to
the United Nations all securities, certificates, deeds or other
documents of title held by, Germany, or by any person subject to
German law, and relating to property, assets, rights, titles and
interests situated in the territory of the United Nations, including
any shares, stocks, debentures or other obligations of any company
incorporated in accordance with the laws of any of the United
Nations.
(c) Property, assets, rights, titles and
interests situated inside Germany will not be removed outside
Germany or be transferred or disposed of to any person resident or
carrying on business outside Germany.
(d) Nothing in paragraphs (a)–(c) shall, as regards property,
assets, rights, titles and interests situated inside Germany, be
deemed to prevent sales or transfers to persons resident in Germany
for the purpose of maintaining or carrying on the national life,
economy and administration in conformity with Article 60.
38. The German authorities will hold at the disposal of the United
Nations all gold coin and bullion and all silver coin and bullion
situated in Germany, and all such coin and bullion situated outside
Germany as is owned by or held on behalf of any person resident or
carrying on business in Germany.
Section IX
Control of German Relations with Other
Countries
39.—(a) The German authorities will comply
with the directions of the United Nations in regard to all matters
affecting Germany’s foreign policy and relations with other
countries.
(b) In particular, no foreign obligations,
undertakings or commitments of any kind will be assumed or entered
into by or on behalf of the German authorities, without the sanction
of the United Nations.
40. Pending such further arrangements as may be made in any Treaty of
Peace or otherwise:—
- (a)
- the German authorities will comply with all such
directions as the United Nations may give during the period
of the present Instrument concerning the abrogation,
bringing into force, revival or application of any treaty,
convention or other international agreement, or any part or
provision thereof, to which Germany is or has been a
party;
- (b)
- the German authorities will comply with any directions
which the United Nations may give with a view to Germany
becoming a party to any other treaty, convention or
international agreement or arrangement which may be
specified.
41. Except as permitted by the United Nations, there shall be no
financial, commercial or other intercourse with, or dealings with or
for
[Page 133]
the benefit of,
countries at war with any of the United Nations, or territories
occupied by such countries, or with any other country or person
specified by the United Nations.
42.—(a) Diplomatic and consular relations with
countries at war with any of the United Nations, and with any other
country specified by the United Nations, will be broken off. German
diplomatic, consular and other officials, and members of the German
land, sea and air forces accredited to or serving on missions in
such countries will be recalled. Diplomatic, consular and other
officials, and members of Service missions of such countries in
Germany will be dealt with as the United Nations prescribe.
(b) The United Nations reserve the right to
require the withdrawal of neutral diplomatic and consular officers
from occupied German territory, and to prescribe and lay down
regulations governing the procedure for, and methods of,
communication between the German authorities and their
representatives in neutral countries, and regarding communications
emanating from or destined for the representatives of neutral
countries in German territory.
43.—(a) German nationals will, pending further
instructions, be prevented from leaving German territory except as
authorised or directed by the United Nations.
(b) The German authorities will comply with
any directions issued by the United Nations for the recall of German
nationals resident abroad, and for the reception in Germany of any
persons whom the United Nations may designate.
Section X
Prisoners of War, Internees, Political
Prisoners, Foreign Workers and other Foreign Nationals and
Foreign Property
44. Prisoners of war, and any civilians of non-German nationality,
who are confined, interned, or otherwise under restraint in German
hands will, with their property and effects, be released and dealt
with in accordance with arrangements to be made by the United
Nations.
45.—(a) Pending instructions for their release
or removal, all such prisoners of war and internees will remain in
their existing camps, prisons, hospitals or other places of
confinement. Where these are entirely or mainly utilised for the
confinement of prisoners of war and internees, they will, together
with all stores, records, arms and ammunition, be handed over
forthwith to the command of the local United Nations camp leader,
senior officer or other senior representative of the prisoners or
internees, or to such other person as the United Nations may send or
designate for the purpose. The German authorities will at all times
be responsible for maintaining all the essential administrative,
supply and other services of the camps, prisons, hospitals or other
places of confinement so long as any prisoners or internees remain
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there, and for
complying with any orders relative thereto given by the United
Nations officer or representative to whom command has been handed
over.
(b) There shall be no removal by the German
authorities of prisoners of war or internees, nor removal nor
destruction of their property or effects, or of the stores, records,
arms or ammunition in their camps, prisons, hospitals or other
places of confinement, nor any transfers between camps, except as
directed by the United Nations.
46. Political prisoners, including Germans, who have been placed
under restriction, detention or sentence (including sentence in absentia) on account of their dealings or
sympathies with the United Nations, or of their race, language,
religion or political opinions, will be released as and when
directed by the United Nations, and relieved from all legal or other
disabilities to which they have been subjected.
47. The German authorities will be responsible generally for the
safety, maintenance and welfare of all prisoners of war, internees
and political prisoners, and will afford the fullest facilities in
regard to their release and subsequent movements.
48. No person shall be prosecuted or molested by the German
authorities on account of his dealings or sympathies with the United
Nations, including the performance of any action calculated to
facilitate the execution of the present Instrument.
49.—(a) The German authorities will comply
with all directions that may be given by the United Nations for the
repatriation of foreign workers and of other persons of foreign
nationality in or passing through Germany, their property and
effects, and for controlling the movements of refugees and displaced
persons.
(b) The German authorities will take all
appropriate steps to ensure the safety, maintenance and welfare of
persons not of German nationality and of their property and the
property of foreign States.
50. The German authorities will furnish all such lists of names,
statements of location and other information as may be required by
the United Nations for the purposes of this Section.
Section XI
War Criminals and Quislings and other
Traitors
51.—(a) Adolf Hitler and his chief associates,
and all persons suspected of having committed, ordered or abetted
war crimes or analogous offences, whose names or designations appear
on lists to be communicated to the German authorities, will
forthwith be apprehended and surrendered into the hands of the
United Nations.
(b) The same shall apply in the case of any
national of any of the United Nations who is alleged to have
committed offences against his national law and whose name or
designation appears on lists to be similarly communicated.
[Page 135]
52. The primary responsibility for arresting and surrendering and for
preventing the flight, escape or concealment of the persons
mentioned in Article 51 will rest with the German authorities,
without prejudice, however, to the right of the United Nations
themselves to take such steps in this regard as they may judge
necessary. The German authorities will comply with any instructions
given by the United Nations for these purposes, and will take all
measures and afford all information and facilities calculated to
lead to the arrest and surrender of those concerned.
53.—(a) The German authorities will furnish
any information and documents, and will secure the attendance of any
witnesses, required for the trial of those concerned, and will in
general give all other aid and assistance for this purpose.
(b) The German authorities will comply with
any directions given in regard to the property of those concerned,
such as its seizure, custody or surrender.
Section XII
Suppression of Nazi Organisations and
Legislation, Control of German Law and Administration
54. All Nazi organisations as defined by the United Nations will be
disbanded as and when the United Nations direct, except any such
organisations or parts thereof as they may specify. The German
authorities will comply promptly with all such further directions as
the United Nations may give for the abolition of Nazi institutions,
the dismissal and internment of Nazi personnel, the control or
seizure of Nazi property and funds, and the suppression of Nazi
ideology and teaching.
55.—(a) All German laws involving
discrimination on grounds of race, language, religion or political
opinions will be rescinded, and all legal or other disabilities
resulting therefrom will be cancelled.
(b) The German authorities will comply with
all such instructions as the United Nations may give regarding the
property, assets, rights, titles and interests of persons affected
by the laws mentioned in paragraph (a).
56. Without prejudice to the provisions of Articles 54 and 55, the
German authorities will comply with any instructions issued by the
United Nations for the repeal of Nazi legislation and the reform of
German law and the German legal, judicial and administrative
systems, their personnel and organisation.
Section XIII
Information and Inspection
57.—(a) Without prejudice to any specific
obligations contained in other provisions of the present Instrument,
the German authorities
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and
any other person in a position to do so will furnish or cause to be
furnished all such information and documents of every kind as the
United Nations may require.
(b) There shall be no destruction, removal,
concealment, suppression or alteration of any of the documents, or
of any records containing any of the information, liable to be
required by the United Nations under the present Instrument. They
shall remain intact in their present locations until further
directions are given.
(c) The United Nations shall have the right to
enter any building, establishment, property or area for the purpose
of safeguarding, inspecting or obtaining any of the documents or
information which they are entitled to require under the present
Instrument. The German authorities will give all necessary
facilities and assistance for this purpose, including the services
of archivists and other specialist staff.
58. Without prejudice to any other provision of the present
Instrument, the United Nations will enjoy full rights of entry to
and inspection of any building, installation, establishment,
property or area, and of any of the contents thereof, for the
purposes of the present Instrument.
Section XIV
General
59. Without prejudice to any other provisions of the present
Instrument, the United Nations shall be entitled to exercise all or
any of the powers possessed at the date of the present Instrument,
or subsequently acquired, by the German Government, the German
Supreme Command and any State, municipal or local Government or
authority.
60.—(a) Subject to the provisions of the
present Instrument, the German authorities and the German people
will maintain and carry on the national life, economy and
administration in all its aspects. In particular, without prejudice
to any measures for their ultimate disbandment, the ordinary Police
will continue their normal functions until otherwise directed.
(b) The German authorities and people will
abstain generally from all action detrimental to the interests of
the United Nations, to the maintenance of public order and good
government, to the security and welfare of the forces and agencies
of the United Nations in Germany, or to the execution of the present
Instrument.
61.—(a) There shall, on the part of the German
authorities and people, be no concealment, destruction, scuttling or
dismantling of, nor damage to, arms, ammunition, warships, aircraft,
or other war material, ships, transport, bases, airfields, ports or
harbours, nor to any form of building, establishment, installation,
device, means of production, supply, distribution or communication,
plant, equipment,
[Page 137]
stocks
or resources, or, in general, public or private utilities, services
or facilities of any kind, wherever situated.
(b) Any such measures already ordered,
undertaken or begun will be immediately countermanded or
discountinued. All stocks, equipment, plant or other material
already concealed will forthwith be declared, and will be dealt with
as the United Nations may direct.
(c) Subject to the provisions of the present
Instrument, the German authorities will be responsible for the
preservation, safeguarding and upkeep of all forms of property and
materials affected by any of the said provisions.
(d) All ships, aircraft, transport, war and
other material, stores, equipment, plant, fortifications, bases,
stations, establishments, installations, devices and property
generally, which are liable to be restored, surrendered or delivered
under or in consequence of the present Instrument, will be handed
over intact and in good condition, subject only to ordinary wear and
tear and to any damage caused during the continuance of hostilities
which it has proved impossible to make good.
62. Any powers which the United Nations are entitled to exercise
under any provision of the present Instrument may be exercised
directly or indirectly, in whole or in part, either by the United
Nations themselves or by the issue of instructions to the German
authorities and people, and generally in such manner and according
to such procedure and methods as the United Nations may
determine.
63.—(a) The German authorities will take all
executive, legislative and judicial measures necessary for the
enforcement and execution of the present Instrument, and for
securing compliance with its terms on the part of all persons
subject to their jurisdiction.
(b) The German authorities will comply with
all such specific directions as may be given by the United Nations
under or for the purpose of executing any of the provisions of the
present Instrument. All such directions may be given from time to
time as may appear to the United Nations to be necessary or
convenient.
64.—(a) The United Nations will be entitled to
take all such steps as they may deem necessary to secure the
execution of the provisions of the present Instrument, including any
action of a conservatory, preventive or precautionary character
required for safeguarding property, preserving the rights of the
United Nations or preventing evasion of [or]
non-fulfilment of German obligations.
(b) Without prejudice to their rights under
other provisions of the present Instrument, the United Nations shall
be entitled to make the evasion, non-fulfilment or obstruction of
its execution an offence punishable by such tribunals as they may
establish for the purpose.
65. Any of the rights, powers and functions conferred on the United
Nations by the present Instrument may be exercised on their behalf
by
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the Commander or
Commanders-in-Chief of the forces of the United Nations, any person
or persons thereto authorised by any such Commander-in-Chief, or any
other authority or authorities which may be designated by the United
Nations for the purpose of the execution of the present Instrument
or any particular provisions thereof.
66.—(a) The competent authority under Article
65, and any person acting under the direction thereof, may issue
such detailed instructions as may be required for determining, in
relation to any provision of the present Instrument—
- (i)
- the matters covered by such provision,
- (ii)
- the manner in which it is to be carried out,
- (iii)
- generally, the interpretation and effect to be given to
it.
(b) The German authorities will comply fully
and in all respects with the instructions of any authority acting
under Article 65.
67. Any disagreement regarding the interpretation or application of
the present Instrument shall be determined by an authority to be
designated by the United Nations for that purpose, whose decision
will be final.
Section XV
Definitions
68. For the purposes of the present Instrument:—
- (a)
- all references to the German armed forces or forces under
German command shall be deemed to include the Nazi Militia,
S.S.,60 S.A.,61 police and such
other military, semi-military, pre- or paramilitary or armed
units, formations or associations as the United Nations may
specify;
- (b)
- the terms “war material”, “devices”, “installations”,
“establishments”, “utilities”, “services”, “facilities” and
other technical terms or terms of art employed in the
present Instrument shall respectively have their normal
meanings and scope, subject to any extension, limitation or
variation thereof which the United Nations may specify for
the purposes of any provision of the said Instrument;
- (c)
- the term “German authorities” includes any German
Government exercising power over all or any part of Germany,
the German Supreme Command and all subordinate naval,
military or air commands or authorities, all State,
municipal and local governments or governing bodies or
authorities, and all executive, administrative and judicial
officials, officers or authorities;
- (d)
- the provisions of paragraph (b)
shall also apply to the terms “German”, “Germany”, “German
territory”, “German officials” and “German
nationals”;
- (e)
- the term “person” or “national” shall, unless the context
otherwise requires, include a body of persons, whether
corporate or unincorporate.
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Section XVI
Final Clauses
69. The present Instrument shall be confirmed by the German
Government. It will enter into force . . . . . hours after the
Instrument of Confirmation has been received at . . . . . ; and
hostilities between the United Nations and Germany will cease in all
theatres of war at that time. It will remain in operation until or
save in so far as superseded by any other arrangements, or until the
coming into force of the Peace Treaty with Germany.
70. The present Instrument may be denounced by the United Nations
with immediate effect if German obligations thereunder are not
fulfilled. As an alternative, the United Nations may penalise
contravention of it by measures appropriate to the circumstances,
such as air or other punitive action.
Signed on the . . . . . . . at . . . . . . . (hour) . . . . . .
. (time) at . . . . . . .(place).
(Signatures)